CO v B Ltd & Q Ltd [2024] NZDT 718 (16 September 2024) [pdf, 126 KB]
...scratches and marks on the van for which photographic evidence has been provided (items (c) – (i) above) as category B. I am satisfied from the photos that these scratches and dents were not properly disclosed to CO when he specifically asked for information on any dents and scratches, and amounted to a misrepresentation. 9. Q Ltd argues that the scratches and dents in category B should be considered wear and tear. However, while it is possible that they may be considered as such if...